Another Workers’ Comp Jury Trial … Another Warnken, LLC Win

Attorney Rebecca Smith won a workers’ compensation jury trial in Baltimore County yesterday afternoon. Ms. Smith’s client had lost before the Commission, and the decision of the WCC was presumed correct. This did not deter Ms. Smith or her client. The presumption was overcome and the jury trial won.

The issue in the case was whether the Rebecca’s client, a Maryland State Trooper, was entitled to have a back surgery covered under workers’ comp. Ms. Smith argued for the Trooper that his lumbar back surgery was causally related to a work injury he sustained in March of 2014.

The Employer/Insurer relied upon a known defense expert, who specializes in knee and hip replacements and has not performed the surgery in question. Their doctor’s opinion was that because the Trooper waited a year to get treatment, it wasn’t related to the injury. He made no allowance for the fact that Troopers are tough and dedicated to the job. We’ve seen time and time again where Troopers work through pain.

After deliberating for about 10 minutes, the jury returned a verdict in the Trooper’s favor.